| WEBSITE DEVELOPMENT AND HOSTING CONTRACT
This Contract Agreement is made
this___ day of___________, 20___, between:
________________________hereinafter refered to as the "Client".
Having a principal place of business at:
Address:________________________________________
City:_________________State:___________Zip:________
Contact Phone:_______________________
And
Gregory Motes, hereinafter refered to as the "Designer"
Having a principal place of business at: 10910 Lakeside Vista Dr, Riverview,
FL 33569 Phone: 813-990-0900
In consideration of the Client retaining the Designer to develop and host a website on the World Wide Web for the Client,
it is agreed as follows:
I. CONTRACT DURATION AND COMPENSATION:
The Client retains the Designer, and the Designer
agrees to perform the following services: Developing and hosting a website for the Client according
to specifications agreed upon and detailed in Section II and Section III, between the Designer and the Client.
This Contract shall be automatically renewed annually until this agreement is terminated, in writing, by
either the Designer or the Client. Compensation shall be paid on an annual basis and is due upon receipt of
invoice from the Designer. The date of annual invoicing will be set as the date the website is initially deployed
under the Client's domain name on the World Wide Web. Annual invoicing will be delivered electronically via
email unless agreed upon otherwise on a case by case basis, between the Client and the Designer, for each annual
period.
Pre-Paid Annual Compensation shall be as follows:
Annual domain registration and management (included for free).
$99.00 annual website hosting fee.
$360.00 for annual maintenance fees.
The total Pre-Paid Annual Compensation amount being $459.00 for all annual services
listed.
Start-up Compensation shall be as follows:
$99.99 One-Time website building fee.
$99.00 annual website hosting fee.
$399.99 for annual maintenance fees.
The total Start-Up Compensation amount being $598.98
Requirements to commence work:
Nonrefundable $80.00 deposit, paid through paypal. The $80 will go toward the compensation fees listed
above.
The
client will click this link to make the $80.00 deposit. The payment will be made to W2Kx-Web.com, which
is the name of the web hosting company managed by the Designer.
II. WEBSITE CONTENT AND DEVELOPMENT:
The Client is solely responsible for supplying website content
specifically desired by the Client. This includes all text and images, contact information,
etc. required to complete the website. the Designer agrees to provide generic content should the
Client not have specific content requirements and make it available for editing or revision to
the Client's satisfaction.
The Designer and the Client retain the option of discussing creation of original artwork for the
Client logos etc. by the Designer. Extra, one-time start-up charges may be incurred by the Client
if the Designer is unwilling to include such additional artwork as part of this agreement, due
to complexity of the artwork.The Designer agrees to provide a firm quote
for any extra charges prior to producing work.
Logos and images can be provided in hard copy format or electronic format, although digital format
is recommended and desired.
Text shall be provided in electronic format in plain text, MS-Word, or text emails.
The Designer will advise the Client on a case by case basis, regarding any image quality or graphic
quality issues that may arise with the content as provided by the Client. the Client agrees to provide
content as advised by the Designer in those instances.
The Designer agrees to modify and format the supplied content as required to create a professional, complete and well designed
website. the Designer will provide up to two mockups of website graphics for buttons and page design for review by the
Client. If a suitable website graphic design is not finalized within the two mockup limit, further mockups will be subject
to additional fees.
Once the website is completed and deployed under the Client's domain name, the website content is to be maintained by the
Designer. Maintenance consists of the Designer creating up to two additional pages each month, with text and images provided
by the Client. The Designer will make all changes provided by the client within two weeks of the request.
If desired by the Client, the website shall include capability for customers to make payment to the Client for services
rendered using PayPal.com. the Designer will incorporate transaction processing by PayPal, Inc. into the website as part
of this agreement. The Client agrees to open and provide temporary access for the Designer to an account at www.PayPal.com
so that the Designer can create the necessary coding to connect the website to the Client's PayPal account.
The Client agrees to create the PayPal account prior to deployment of the website.
The Client is solely responsible for all transactions in their PayPal account and agrees to change the access password
after the Designer has completed the website.
The Client agrees to adhere to all policies, procedures, and legal stipulations outlined by PayPal in order to keep the
account in good standing.
At no time shall the Designer be held responsible for any loss to the Client or fees associated with the Client's PayPal
account. the Client is responsible for all fees incurred from PayPal. Inc. Other transaction processing services can be
incorporated into the site but may incur additional development fees depending on their complexity. the Designer agrees
to provide a quote for any additional fees to incorporate those services prior to producing any work on them. the Client
must approve all transaction services incorporated into the website by the Designer. If storefront capability is
required for the site-typically to display and allow for shopping of multiple items-additional development fees may be
required and will be discussed and quoted on a case by case basis with the Client prior to site development. the Designer
agrees to perform one-time keyword research at www.Wordtracker.com and make recommendations to the Client based on the
research. The agreed upon keyword phrasing will be included in the appropriate positions on the Home Page of the website
to facilitate search engine compatibility.
III. HOSTING:
Hosting services shall include up to ten email addresses, 24/7/365 web access to email accounts, and 24/7/365
web access to website traffic statistics software.
The Designer will
resolve all technical issues related to hosting the website and is the sole contact in the event of a problem. The Client
agrees to contact the Designer should the Client experience problems with the website.
IV. WARRANTIES BY the Designer:
The Designer represents and warrants to the Client that
he has the experience and ability to perform the services required by this Agreement; that he will perform
said services in a professional and competent manner; that he has the power to enter into and perform this
Agreement. However, the Client will not determine or exercise control as to general procedures, formats
or sub-contracting necessary to have these services meet the Client's satisfaction.
Website uptime is warranted to be 99% of an 8,760 hour year under normal operating conditions. This means that website
downtime will not exceed 87.6 hours during each yearly renewal period. the Designer agrees to provide hardware and
software redundancy in the hosting system as well as 8 hours of battery backup and subsequent generator power if required.
All websites hosted by the Designer are backed up on a nightly basis. Downtime as a result of an Act of God, war, severe
weather, catastophic property or equipment damage or other circumstances beyond the control of the Designer is NOT
warranted. the Designer agrees to make every reasonable effort to remedy such situations as quickly as possible and
is skilled, knowledgeable and competent in the processes required to do so.
The Client agrees that at no time will the Designer be held liable for loss of business, income, or other costs to
the Client as a result of downtime of the website. Should the Client become dissatisfied with the services provided
by the Designer such that they can not be resolved, the Designer agrees to refund the unused portion of the yearly
hosting fee for the current year, terminate this agreement, and cooperate in the transfer of the Client's domain name
to a registrar of their choice.
The Designer DOES NOT warrant the Client's involvement with www.PayPal.com in any way.
The Designer DOES NOT warrant any particular ranking in any particular search engine result list.
V. INDEPENDENT CONTRACTOR DECLARATION:
The Designer acknowledges that the services rendered
under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking
is not a joint venture. VI.
CONFIDENTIALITY:
The Designer recognizes and acknowledges that this Agreement creates a confidential
relationship between the Designer and the Client and that information concerning the Client's business affairs,
customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and
other such information, whether written, oral, or otherwise, is confidential in nature. All such information
concerning the Client is hereinafter collectively referred to as "Confidential
Information."
The Client recognizes and acknowledges that all pricing and fees provided by the Designer in this contract are
confidential in nature and are not to be quoted to or discussed with other parties. VII. NON-DISCLOSURE:
The
Designer agrees that, except as directed by the Client, he will not at any time during or after the term
of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination
of this Agreement he will turn over to the Client all documents, papers, and other matter in the Designer's
possession or control that relate to the Client.
VIII. DOMAIN OWNERSHIP, WEBSITE ARCHIVE, COPYRIGHTS, AND
LEGAL INDEMNIFICATION:
The Client shall be the exclusive owner of the registered domain name
for this website. The Designer will register the Client's chosen domain name accordingly under the
Designer's account at the Designer's chosen registrar. The Designer will be the technical, adminstrative,
and billing contact for the domain and will manage and oversee the status and annual renewal of the domain.
Upon request, and for Archival purposes only, the Designer agrees to provide one (1) compact disc containing
all files that are required for the proper operation of the website when deployed on an Internet server running
Microsoft Internet Information Server 6.0. with Active Server Pages. the Client agrees to use the archived
website only if the the Designer's services are terminated due to a catastrophic event or under the conditions
mutually agreed upon at the time the Client and the Designer decide to terminate this agreement. Additional
archives of the website, if required, will be provided for a $15.00 creation and handling fee per copy. the
Client understands and acknowledges that additional archived copies of the website may differ in content
from the original archive due to content changes which may have taken place over the life of the website
since the original archive was created. Copyrights to the entire website and its content shall be considered
the exclusive property of the the Client after the website is deployed under the final operating domain name.
Copyrights to all materials provided by the Client for inclusion in the website, shall remain with the the
Client at all times.
The Client warrants that he/she is of legal age to enter into this contract.
The Client warrants that all content supplied for the website and any content added to the website
by the Client is free from copyright infringement or other legal infringement to other parties.
The Client agrees to indemnify and hold harmless, the Designer, in any legal action taken against the
Client related to the Client's business or the website provided in this agreement by the Designer.
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